Proceeds of Crime Act 2002
CHAPTER 2
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THE CONFISCATION SCHEME
PART 2-1
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RESTRAINING ORDERS
Division 6
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Duration of restraining orders
SECTION 44
Giving security etc. to revoke etc. a restraining order
44(1)
A court may:
(a) revoke a * restraining order that covers a * suspect ' s property; or
(b) exclude specified property from such a restraining order;
(c) the suspect applies to the court to revoke the order or exclude the property; and
(d) the suspect gives written notice of the application to the *responsible authority; and
(e) the suspect gives security that is satisfactory to the court to meet any liability that may be imposed on the suspect under this Act.
A court may:
(a) revoke a * restraining order that covers the property of a person who is not a * suspect; or
(b) exclude specified property from such a restraining order;
(c) the person applies to the court to revoke the order or exclude the property; and
(d) the person gives written notice of the application to the *responsible authority; and
(e) the person gives an undertaking concerning the person ' s property that is satisfactory to the court.
A court may:
(a) revoke a * restraining order that covers a * suspect ' s property; or
(b) exclude specified property from such a restraining order;
if:
(c) the suspect applies to the court to revoke the order or exclude the property; and
(d) the suspect gives written notice of the application to the *responsible authority; and
(e) the suspect gives security that is satisfactory to the court to meet any liability that may be imposed on the suspect under this Act.
44(2)
A court may:
(a) revoke a * restraining order that covers the property of a person who is not a * suspect; or
(b) exclude specified property from such a restraining order;
if:
(c) the person applies to the court to revoke the order or exclude the property; and
(d) the person gives written notice of the application to the *responsible authority; and
(e) the person gives an undertaking concerning the person ' s property that is satisfactory to the court.
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